Rajaiah Vs Shankar

THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO ALLOW THE CLAIM PETITION AND AWARD COMPENSATION WHICH IS JUST AND PROPER AS PRAYED FOR AND CONSEQUENTLY MODIFY THE JUDGMENT IN THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC AND MOTOR ACCIDENT CLAIMS TRIBUNAL, HUNSUR IN MVC NO.257/2017, DATED 19.12.2018 AND THE APPELLANT FURTHER PRAYS FOR THE AWARD OF SUCH OTHER JUST AND EQUITABLE RELIEF AS THE HON'BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE TO SECURE ENDS OF JUSTICE.

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NC: 2025:KHC:32898 M.F.A. No.1497/2019

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HC-KAR

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE P. SREE SUDHA

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ORAL JUDGMENT

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Heard the arguments of the learned counsel for the

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appellant.

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This appeal is preferred against the award dated 19.12.2018 passed in MVC No.257/2017 by the Prl.Senior Civil Judge & JMFC and Motor Accident Claims Tribunal, Hunsur (for short, 'Tribunal'). The injured claimant filed claim petition claiming compensation of Rs.12,45,000/- with interest at the rate of 12% p.a. The Tribunal considering the evidence on record, granted Rs.12,456/- with interest at 6% p.a. from the date of petition till realisation. Aggrieved by the said order, this appeal is preferred.

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Learned counsel for the appellant submits that

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the appellant/petitioner has sustained grievous injuries all over the body, he took treatment for 08 days as inpatient

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3 - NC: 2025:KHC:32898 M.F.A. No.1497/2019

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HC-KAR

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and continued treatment for 3 months as an outpatient, but the Tribunal has granted meager amount, therefore, requested for enhancement compensation. He further submitted that though the petitioner has submitted the bills to an extent of Rs.7,456/-, no amount was granted under the head of medical expenses.

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The perusal of the medical records shows that the appellant/petitioner sustained two simple injuries. Considering the nature of injuries sustained, the period of hospitalization, and the bills filed by the appellant/petitioner, this Court finds that it is just and reasonable to grant an amount of Rs.10,000/- under the head of medical expenses. Hence, the compensation is enhanced from Rs.12,456 to Rs.22,456/-.

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In the result, the following order is passed:

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ORDER

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i. Appeal is allowed.

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ii. The judgment and award dated dated 19.12.2018 passed in M.V.C.No.257/2017

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NC: 2025:KHC:32898 M.F.A. No.1497/2019

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HC-KAR

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by the Prl.Senior Civil Judge & JMFC and Motor Accident Claims Tribunal, Hunsur is modified;

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iii. The appellant is entitled to a sum of Rs.22,456/- along with interest at 6% p.a from the date of petition till the date of realization as against Rs.12,456/-.

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iv. Respondent Nos.1 & 2 are directed to deposit the said amount within one month from the date of this order.

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v. On such deposit, the appellant is permitted to withdraw the entire amount along with accrued interest.

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vi. Registry is directed to return the Trial Court records to the Tribunal, along with certified copy of the order passed by this Court forthwith, without any delay.

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vii. Draw award accordingly.

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Sd/(P. SREE SUDHA) JUDGE

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BSR

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List No.: 1 Sl No.: 21

Rajaiah v. Shankar

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Rajaiah v. Shankar

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